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BIHAR CONSOLIDATION OF HOLDINGS AND PREVENTION OF FRAGMENTATION ACT, 1956

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S.1 Short title, extent and commencement.

       .-(1) This Act may be called the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.
       (2) It extends to the whole of the State of Bihar.
       (3) It shall come into force on such date or dates as the State Government may, by notification in the official Gazette, appoint and different dates may be appointed for different areas.
       [No. A/T-1061/57-7747-R dated 26th September, 1957.-ln exercise of the powers conferred by sub-section (3) of section 10f the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) the Governor of Bihar is pleased to appoint the 15th day of September, 1957 as the date on which the said Act shall come into force in the district of Patna, Muzaffarpur, Bhagalpur and Ranchi.]


S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context.-
       (1) "Agricultural year" means the year commencing on the first day of April;
       1[(2) "Consolidation Officer" means an officer appointed by the State Government to discharge all or any of the functions of the Consolidation Officer under this Act and he shall be an officer of Gazetted rank;]
       1. Subs. by S.2 of Bihar Act 27 1975
       2[(2a) "Assistant Consolidation Officer" means an officer appointed by the State Government to discharge all or any of the functions of the Assistant Consolidation Officer under this Act and who shall be an officer not below the rank of Kanungo;]
       2. Ins by Bihar Act 27 of 1975
     

Legal Comments

Notes:- The above bullets synthesize multiple reported decisions around Section 2 (definition of land), Section 3/4(C) abatement, Section 5 transfer sanctions, Section 9/9A/10/12A/13/26A procedures, Section 35 revisions, and related issues such as apprenticeship of districts into urban authorities, mutual exclusivity of Sections 15-16, and the interplay with civil courts. - For precise case citations and para numbers, consult the specific judgments in the provided sources (e.g., Mosst. Gudhani Devi VS State of Bihar - 1985 0 Supreme(Pat) 129, Sheoji Misha Son Of Ram Autar Mishra VS State Of Bihar - 2009 0 Supreme(Pat) 967, Krishna Nand Singh VS State Of Bihar - 1997 0 Supreme(Pat) 30, Munaka Singh VS State of Bihar - 1998 0 Supreme(Pat) 20, Jhuri Bind VS State Of Bihar - 2007 0 Supreme(Pat) 1090, 00800056789, etc.).

S.3 Declaration by State Government of its intention to make scheme for consolidation of holdings.

       (1) With the object of effecting consolidation of holdings for the purpose of better cultivation of lands in any area, the State Government may, after such enquiries as it may deem fit, by notification in the Official Gazette, declare its intention to make a scheme for consolidation of holdings in that area.
       (2) The substance of the notification shall be announced by beat of drum in the villages comprised in the notified area and copies of the notification shall be hung up at the offices of all the Gram Panchayats, if any, the police station, the offices of the Anchal Adhikaris and the village Cutcheries of the State Government for collection of rent in such area.


S.4 1[4. Effect of notification under Section 3(1) of the Act.

       Upon the publication of the notification under sub-section (1) of Section 3 in the official gazette the consequences, as hereinafter set forth, shall, subject to the provisions of this Act, from the date specified in the notification till the close of the consolidation operation, ensue in the area to which the notification relates, namely
       1. Subs by Bihar Act 27 of 1975
       (a) the district or part thereof, as the case may be, shall be, deemed to be under consolidation operations and duty of preparing and maintaining the record-of-rights and the village map of each village shall be performed by the Director of Consolidation, who shall prepare or maintain them, as the case may be, in the manner prescribed;
       (b) no suit or other legal proceedings in respect of any land in such areas shall be entertai

S.4(a) 1[4A. Cancellation of notification under Section 3.

       .-(1) It shall be lawful for State Government at any time to cancel the notification made under Section 3 in respect of the whole or part of the area specified therein.
       1. Ins. by Act 27 of 1975
       (2) Where a notification has been cancelled in respect of any unit under subsection (1) such area shall, subject to the final orders relating to the correction of land record, if any passed on or before the date of such cancellation, ceases to be under consolidation operations with effect from the date of the cancellation.]


Legal Commentary on Section 4(a) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956

Introduction

Section 4(a) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, deals with the consequences of the notification issued under Section 3 of the Act, particularly regarding the abatement of pending suits and proceedings related to land rights within the consolidation area. It plays a crucial role in consolidating land holdings by restricting civil court jurisdiction during consolidation operations.

What does Section 4(a) Say

Section 4(a) stipulates that once a notification under Section 3 is published, all suits and proceedings pending before any court or authority concerning rights, interests, or interests in land within the specified area shall stand abated. This includes suits for declaration of rights, interest, or title in land, as well as other proceedings related to land interests.

Essential Ingredients

  • Notification under Section 3: The operation of Section 4(a) is triggered upon the publication of a notification under Section 3.
  • Pending suits or proceedings: The clause applies to suits, proceedings, or applications that are pending before any court or authority.
  • Scope of proceedings: It includes suits for declaration of rights, interests, or title in land, and other proceedings related to land rights.
  • Abatement effect: The section mandates that such suits and proceedings shall automatically stand abated upon the notification.

Scope of Section 4(a)

  • Applicability: It applies to all suits and proceedings concerning land rights within the notified area, pending before any court or authority, including appeals, revisions, or references.
  • Timeframe: The abatement occurs immediately upon the publication of the notification under Section 3.
  • Exceptions: Certain proceedings, such as those for correction of revenue records or suits outside the scope of land rights, may not be affected, as clarified in judicial rulings.
  • Effect on civil courts: Civil courts lose jurisdiction over land disputes within the notified area once the notification is issued, reinforcing consolidation authority’s jurisdiction.

Punishment for Section 4(a)

Section 4(a) itself does not prescribe specific punishments or penalties. Its primary function is to restrict jurisdiction of civil courts and other authorities over pending land suits during consolidation. Any violation, such as proceeding with a suit post-notification, may be deemed illegal and subject to contempt or other legal remedies under general law.

Legal Comments

  • "Abatement" - Section 4(a) mandates automatic abatement of all pending suits related to land rights upon notification under Section 3, streamlining land consolidation - [00800051763]
  • "Jurisdiction bar" - The section effectively bars civil courts from entertaining land disputes after the notification, ensuring consolidation process integrity - [Most. Prabhawati Kumari, wife of Late Baccha Singh VS State of Bihar]
  • "Scope" - It applies to suits, proceedings, appeals, revisions, and references concerning rights or interests in land within the notified area - [00800051763]
  • "Pending proceedings" - All suits pending before any court or authority are covered, including those for declaration of title or interest - [00800051763]
  • "Automatic abatement" - The abatement is automatic upon publication of the notification; no further order is necessary - [00800051763]
  • "Effect on civil courts" - Civil courts' jurisdiction is ousted in land disputes within the notified area, reinforcing consolidation authority's exclusive jurisdiction - [00800051763]
  • "Exceptions" - Proceedings for correction of revenue records or other non-land rights issues may not be affected, as clarified by courts - [Mohd. Abid Hussain VS Sk. Sajjad Hnssain]
  • "Judicial interpretation" - Courts have held that suits for rights not directly related to land or for voidable documents may not abate under Section 4(a) - [Most. Prabhawati Kumari, wife of Late Baccha Singh VS State of Bihar], [Mohd. Abid Hussain VS Sk. Sajjad Hnssain]
  • "Procedure" - The section emphasizes the need for the consolidation authority to exercise jurisdiction exclusively, preventing parallel litigation - [00800051763]
  • "Legal consequence" - The abatement leads to the termination of pending land suits, avoiding conflicting judgments and facilitating smooth consolidation - [00800051763]
  • "Enforcement" - The section relies on the notification under Section 3 as the trigger, and courts have upheld its constitutional validity as a reasonable restriction - [Surendra Singh, Surendra Prasad Singh VS Radhe Krishna Singh], [Sita Ram Bharati VS Bhairo Bharati]
  • "Impact on rights" - Rights declared or adjudicated before notification are generally subject to the final consolidation scheme; however, certain rights may be preserved if outside the scope of the Act - [Hari Mohan Thakur VS Mahendra Narain Chand]
  • "Legal effect" - The section ensures that land disputes do not hinder the consolidation process, aligning with the statutory purpose of land management - [00800051763]
  • "Judicial stance" - Supreme Court has consistently upheld the validity of Section 4(a) as a constitutional and procedural measure to promote land consolidation - [Surendra Singh, Surendra Prasad Singh VS Radhe Krishna Singh], [Sita Ram Bharati VS Bhairo Bharati]
  • "Limitations" - The section does not affect proceedings outside the scope of land rights or those deemed void or voidable, as per judicial interpretation - [Mohd. Abid Hussain VS Sk. Sajjad Hnssain], [Most. Prabhawati Kumari, wife of Late Baccha Singh VS State of Bihar]
  • "Reopening of suits" - Once abated, suits cannot be revived in civil courts if they fall within the scope of Section 4(a), unless specifically permitted under the Act - [00800051763]

In summary, Section 4(a) functions as a vital statutory mechanism to ensure that all pending land-related suits and proceedings are automatically abated upon the issuance of a notification under Section 3, thereby consolidating land holdings efficiently and preventing conflicting litigations during the process. Its constitutional validity and scope have been consistently upheld by courts, emphasizing its role in land management and reform within the framework of the Act.

S.5 1[5. No transfer without sanction.

       2[(1) After the date of publication of preparation of register of lands and statement of principles under sub-section (1) of Section 10 no person shall transfer any land in the notified area by way of sale, gift, exchange or partition without the previous sanction of the Consolidation Officer and if the sanction is granted, such transfer or partition, as the case may be, shall be, subject to the rights and liabilities affected to the land under the scheme of consolidation prepared with respect to that area.]
       1. Subs. by Bihar Act 27 of 1975
       2. Sec. 5 renumbered as sub sec. (1) by Bihar Act 35 of 1982
       3[(2) The provision of sub-section (1) shall take effect from the date the notification under sub-section (1) of Section 3 has been issued.]
       3. Added

S.5(a) 1[5A. Temporary exemption from the provisions of Section 5(1).

       On being satisfied that preparation of the scheme of consolidation in" any unit or units, after publication of register of land and statement of principles under sub-section (1) of Section 10 is likely to take time and enforcement of the provision of sub-section (1) of Section 5 shall cause hardship to raiyats or under-raiyats of such unit or units, it will be lawful for the Director of Consolidation to exempt such unit or units, from the operation of the provisions of sub-section (1) of Section 5 for a specified period and such exemption shall be notified in the unit concerned by a general notice.]
       1. Ins by Bihar Act 35 of 1982


S.6 Procedure for sanction.

       .-(1) A person intending to transfer or partition any land shall make an application for sanction under Section 5 in the prescribed form and containing the prescribed particulars together with notices of the intended transfer or partition in the prescribed form and the process fees prescribed for the service thereof on the parties named in the application as well as for affixing copies thereof on the land, in the office of the Consolidation Officer and in such other places as may be prescribed.
       (2) The Consolidation Officer shall fix a date for hearing and cause the notices specifying the date so fixed to be served on the parties named in the petition by registered post or in such other manner as may be prescribed and shall also cause copies of the notice to be affixed on the land and other places referred to in subsection (1).
       (3) On th

S.7 Constitution of Village Advisory Committee.

       1(1) In each unit comprised in the notified areas the Assistant Consolidation Officer shall set up a Village Advisory Committee which shall consist of the members of the Executive Committee of the Gram Panchayat of the village:
       1. Subs. by Bihar Act 27 of 1975
       Provided that where more than one village is included in a Gram Panchayat the Village Advisory Committee shall consist, of those members of Executive Committee who are residents of the villages concerned and such other raiyats and under-raiyats as the Assistant Consolidation Officer may appoint:
       Provided further that where no such Gram Panchayat has been established the Village Advisory Committee shall consist of such persons as the Assistant Consolidation Officer may appoint in consultation with the raiyats and under raiyats of the vill

S.8 Preparation of up-to-date record-of-rights before consolidation.

       .-(1) Save as provided in sub-section (2) as soon as may be after the publication of a notification under section 3 an up-to-date record-of-rights, in respect of all lands comprised in the notified area, together with a map shall be prepared in accordance with the provisions of Chapter X of the Bihar Tenancy Act, 1885 (Act VIII of 1885), or as the case may be, Chapter XII of the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908) or the Santhal Parganas Settlement Regulation, 1872 (Regulation III of 1872); 2[ or the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (Bihar Act 28 of 1975)]:
       2. Add. by Bihar Act 35 of 1982
       Provided that the State Government may, by rules made in this behalf, make such modifications in the provisions of the said Acts and Regulation as may be necessary for the expeditious preparation of the record-o

S.8(a) 1[8A. Partition of joint holdings.

       (1) The Assistant Consolidation Officer or the Consolidation Officer may either on an application or of their own motion, partition joint holdings.
       1. Ins by Bihar Act 27 of 1975
       (2) The partition of joint holdings shall be effected on the basis of shares:
       Provided that where the raiyats concerned agree, it may be effected on the basis of specific plots.]


S.9 2[9. [Preparation of register of lands.

       .-(1) When the record-of-rights and map have been or are deemed to have been brought up-to-date there shall be determined, the valuation of each plot after taking into consideration the opinion of the Village Advisory Committee, of such raiyats as may be available and after taking into consideration its productivity, location and availability of irrigation facilities, if any.
       2. Subs. by Bihar Act 35 of 1982
       (2) There shall be prepared in the prescribed form
       (i) a register of lands belonging to raiyats which shall contain the following particulars, namely
       (a) the name of the raiyat;
       (b) the areas and the serial numbers of the plots of land held by the raiyat;
       (

S.9(a) 2[9A. Preparation of statement of principles.

       The Assistant Consolidation Officer shall prepare after considering the opinion of the Village Advisory Committee and such raiyats as may be available in respect of each unit under consolidation operations, a statement in the prescribed manner (hereinafter called the statement of principles) setting forth the principles to be followed in carrying out the consolidation operations in the unit. The statement of principles shall also contain the following:-
       2. Subs. by Bihar Act 35 of 1982
       
       (a) details of areas, as far as they may be determined at this stage, to be earmarked for expansion of habit(3.tion including areas for habitation of Scheduled Castes, Scheduled Tribes and landless persons in the unit, and for such other public purposes as may be prescribed;
     &

S.10 1[10. Publication of registers of lands and statement of principles and objections thereon.

       .-(1) The registers prepared under sub-section (2) of Section 9 and the statement of principles prepared under Section 9A shall be published in the manner prescribed and shall remain published for not less than 30 days.
       1. Sec. 10 , 10A and 10B Subs. for Sec. 10 vide Bihar Act 27 of 1975
       (2) Any person may, within 45 days of the date of the publication of the register under sub-section (1) file before the Assistant Consolidation Officer, objection in respect thereof, disputing the correctness and nature of entries in the records or in the statement of principles.
       (3) The Assistant Consolidation Officer shall, after hearing the persons interested and after such enquiries as may be necessary, decide the objection, settle the disputes or correct the mistakes, as far as may be, by way of compromis

Legal Commentary on Section 10 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956

Introduction

The Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, aims to consolidate agricultural holdings and prevent the fragmentation of land in Bihar. Section 10 specifically addresses the publication of registers of lands and the process for raising objections against such publications.

What Section 10 Says

Section 10 outlines the procedure for the publication of land registers and the statement of principles. It provides a framework for individuals to file objections regarding entries in these registers within a specified timeframe.

Essential Ingredients

  • Publication of Registers: The Act mandates the publication of registers of lands and statements of principles.
  • Objection Mechanism: It allows individuals to raise objections to the entries made in these registers.
  • Time Limit: Objections must be filed within a stipulated period, typically 30 days from the date of publication.

Scope of Section

The scope of Section 10 encompasses:- The process of recording land ownership and rights.- The legal framework for addressing disputes arising from the consolidation process.- The authority of consolidation officers to adjudicate on objections raised.

Punishment for Section

While Section 10 itself does not prescribe specific punishments, it establishes a legal framework that can lead to administrative actions against parties who fail to comply with the provisions of the Act.

Legal Comments

This commentary provides an overview of Section 10 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, highlighting its essential elements, scope, and relevant legal interpretations.

S.10(a) 10A. Bar to objection.

No question in respect of any entry made in the map or registers prepared under Section 9 or the statement of principles prepared under Section 9A relating to the Consolidation area, which might or ought to have been, raised under Section 10 but has not been raised, shall not be raised or heard at any subsequent stage of the Consolidation proceeding.


S.10(b) 10B. Decision of matters relating to charges and transaction affecting rights or interest recorded in revised records.

       1[(1) All matters relating to changes and transfers affecting any rights or interests recorded in the register of land published under sub-section (1) of Section 10 for which cause of action had not arisen when proceedings under Section 8 and 9 were started or were in progress may be raised before the Consolidation Officer within thirty days of cause of action, but not later than the date of notification under Section 26-A or under sub-section (1) of Section 4A.]
       1. Subs by Bihar Act 35of1982
       (2) The provisions of Sections 8 and 9 shall mutatis mutandis apply to the hearing and decision of any matter raised under sub-section (1) as if it were a matter raised under the aforesaid section.]


S.10(c) 1[10 C. Re-publication of register of lands, etc. in certain cases.

       After expiry of the specified period of exemption as provided in Section 5A, but before the publication of the draft scheme of consolidation under sub-section (1) of Section 12, the register of lands prepared under sub-section (2) of Section 9 and the statement of principles prepared under section 9A and published under sub-section (1) of Section 10 and corrected under sub-sections (3),(4),(5) and (6) of Section 10, pertaining to the units concerned shall be re-published in the manner prescribed and any person may within twenty days of such re-publication file before the Assistant Consolidation Officer objection in respect thereof disputing the correctness and nature of entries in the register of lands or in the statement of principles, if cause of action for such objections has arisen after publication of the register of lands and the statement of principles under sub-section (1) of Section 10.]
    &n

S.10(d) 1[10 D. Special power of Dy. Director regarding re-publication of register of lands, etc.

       On being satisfied that in the register of lands published under sub-section (1) or corrected under sub-sections (3),(4),(5), or (6) of Section 10, a substantial number of raiyats or under-raiyats for sufficient and unavoidable reasons could not avail of the opportunity to place their claims under subsection (2) of Section 10 the Deputy Director of Consolidation for reasons to be recorded in writing may order the re-publication of the register or lands or the statement of principles or both again in the manner prescribed. Any person may within twenty days of such re-publication file before the Assistant Consolidation Officer objections in respect thereof disputing the correctness and nature of entries in the register of lands or in the statement of principles or in both, now withstanding the provisions of Section 10A.]
       1. Sec. 10C, 10D and 10E ins by Bihar Act 35 of 1982


S.10(e) 1[10 E. Disputes decided not to be re-opened on re-publication of register of lands, etc.

       The provisions of sub-sections (2), (3), (4), (5), (6) and (7) of Section 10 shall mutatis mutandis apply to the objections of any matter raised under sections 10C and 10D but the dispute which has been decided earlier in accordance with the provisions of sub-sections(3),(4),(5) or (6) of Section 10 shall not be re-opened on re-publication of the register of lands or the statement of principles or both.]
       1. 1. Sec. 10C, 10D and 10E ins by Bihar Act 35 of 1982


S.11 2[11. Preparation of draft scheme.

       As soon as may be, after the objections, If any, made under sub-section (2) of Section 10 have been disposed of, the Assistant Consolidation Officer shall visit the village concerned on a date of which previous notice shall have been given in the prescribed manner and after considering the advice of the Village Advisory Committee and such raiyats as may be available, prepare the draft scheme for consolidation of holdings in the notified area:
       2. Subs by Bihar Act 27 of 1975
       Provided that if the Assistant Consolidation Officer does not accept the advice of the Village Advisory committee or of the raiyats on any matter, he shall, before preparing the draft scheme refer such matter for decision to the Assistant Director of Consolidation whose order thereon shall be final.
       (2) The Village Advisory

S.12 1[12. Publication of draft scheme.

       .-(1) After the draft consolidation scheme has been prepared, the Assistant Consolidation Officer shall publish the scheme in the Unit and give a general notice that all the raiyats may obtain relevant extract of the scheme free of cost.
       1. Sec. 12, 12A and 12B ins by Bihar Act 27 of 1975
       (2) Subject to the provisions contained in Section 10A, any person, whose right or interest is substantially prejudiced or affected by the draft consolidation scheme or who disputed the propriety and correctness of the entries in the draft consolidation scheme or the extracts furnished therefrom, may within 30 days of the date of publication of the draft consolidation scheme file an objection before the Assistant Consolidation Officer stating-
       (i) the nature of his interest or right in or over any land;
&n

S.12(a) 1[12A. Disposal of objections.

       .-(1) All objections received by the Assistant Consolidation Officer shall as soon as may be, after the expiry of the period specified in Section 12 be submitted by him to the Consolidation Officer who shall dispose of the same, in the manner hereinafter laid down, after notice is given to the parties concerned and the Village Advisory Committee.
       1. Sec. 12, 12A and 12B ins by Bihar Act 27 of 1975
       (2) Any person aggrieved by the order of Consolidation Officer under subsection (1) may, within thirty days of the date of the order, file an appeal before the Assistant Director of Consolidation whose decision shall, except as otherwise provided by or under this Act, be final.
       (3) The Consolidation Officer shall, before deciding the objection and the Assistant Director of Consolidation may, before d

S.12(b) 1[12B. Revision of the Draft Consolidation Scheme.

       The Consolidation Officer or the Assistant Director of Consolidation, as the case may be, on being satisfied that material injustice is likely to be caused to a number of raiyats or under raiyats in giving effect to the draft consolidation scheme as prepared by the Assistant Consolidation Officer or as subsequently modified by the Consolidation Officer, as the case may be, and that a fair and proper allotment of land to the raiyats or the under-raiyats of the unit is not possible without revising the draft consolidation scheme or getting a fresh one prepared, it shall be lawful, for reasons to be recorded in writing for-
       1. Sec. 12, 12A and 12B Subs for Sec, 12 by Bihar 27 of 1975
       (i) the Consolidation Officer, to revise the draft consolidation scheme, after giving to the raiyats or under raiyats concerned a reasonable opportunity of bei

S.13 2[13. Submission of scheme to the Director of Consolidation.

       .-(1) The Assistant Director of Consolidation shall confirm the draft consolidation scheme-
       2. Subs by Bihar Act 27 of 1975
       (a) if no objections are filed within the time specified in Section 12; or
       (b) where such objections are filed after such modification or alterations, as may be necessary, in view of the order passed under sub-sections (1) to (4) of Section 12A.
       (2) The draft consolidation scheme so confirmed shall be published in the unit, and except as otherwise provided by or under this Act, shall be final.
       (3) (i) Where the allotments made under section 11 are not modified under Section 12A and are confirmed under sub-Section (1), the entries contained in the, extracts issued under sub-section (

S.14 1[14. Possession and accrual of the amount for trees, etc.

       .-(1) The Consolidation Officer shall fix the date with effect from which the final consolidation scheme shall come into force and shall, notify the same in the unit in the prescribed manner.
       1. Subs by Bihar Act 27 of 1975
       (2) On and after the said date a raiyat or an under-raiyat shall be entitled to possession of the plots allotted to him.
       (3) Every raiyat or under-raiyat getting tree, bamboo-clumps, wells and other improvements existing on the plots allotted to him in pursuance of the enforcement of the final consolidation scheme shall, on getting possession, be liable for payment to the former raiyat thereof amount to be determined in the manner prescribed for the trees, bamboo-clumps, wells and other improvements existing on the plots allotted to him.


S.15 Certificate of transfer.

       (1) The Consolidation Officer shall grant to every raiyat to whom a holding has been allotted in pursuance of a scheme of consolidation a certificate in the prescribed form containing the prescribed particulars. Such certificate shall be conclusive proof of the title of such raiyat to such holding and he shall be liable for payment of such rent as may be specified in the certificate.
       2[(2) A similar certificate of transfer shall be granted to every under-raiyat, whether having a right of occupancy or not in any land allotted to him in pursuance of the scheme and the certificate shall be conclusive proof of the title of such under raiyat to such land and he shall be liable to payment of such rent and to such person as may be specified in the certificate.]
       2. Subs by ibid


S.16 Confirmed scheme to be treated as finally published record-of-rights.

When certificates of transfer have been granted to the raiyats and under-raiyats under section 15, the scheme confirmed under Section 13 shall, in super session of the up-to-date record-of-rights prepared under Section 8, shall be deemed to be the record-of-rights prepared and finally published under Chapter X of the Bihar Tenancy Act, 1885 (VIII of 1885), or as the case may be, Chapter XII of the Chota Nagpur Tenancy Act, 1908 (Ben Act VI of 1908), or the Santhal Parganas Settlement Regulation, 1872 (Reg. III of 1872)


S.17 Rights of raiyats after consolidation to be same as before.

A raiyat shall have the same rights in the land allotted to him in pursuance of the scheme of consolidation as he had in his original holding.


S.17(a) 1[17A. Right to possession of new holdings.

       .-(1) If all the raiyats affected by the scheme of consolidation confirmed under Section 13, agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession from the date fixed under sub-section (1) of Section 14.
       1. Ins by Bihar Act 27 of 1975
       (2) If all the raiyats as aforesaid do not agree to enter into possession under sub-section (1), they shall be entitled to possession of the holdings allotted to them from the commencement of the agricultural year next following the date of the publication of the scheme under sub-section (2) of Section 1-3 and the Consolidation Officer shall, if necessary, put them in possession of the holdings to which they are so entitled with standing crops, if any, and for so doing, shall have all the powers including the power

S.18 Transfer of encumbrances.

       1[(1) If any holding included in a scheme of consolidation which has come into operation under Section 14 is subject to any lease, mortgage or other encumbrance, shall, with effect from the date on which possession is delivered or entered into under Section 17 A, be deemed to be transferred and attached to the holding under the scheme to the raiyat or to such part of it as the Consolidation Officer may direct and shall cease to have any effect against the holding from which it is so transferred.]
       1. Subs by Bihar Act 35 of 1982
       (2) If the holding to which a lease, mortgage or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred, the lessee, mortgagee or other encumbrance, as the case may be, shall subject to the provisions of Section 20, be entitled to the

S.19 2[19. Payment of amount.

       .-(1) Where possession over standing crops is also delivered under Section 17, the Assistant Consolidation Officer shall determine in the manner prescribed, the amount payable in respect of such crops by the raiyat or under-raiyat who has been put in possession.
       2. Subs by Bihar Act 27 of 1975
       (2) Any person aggrieved by an order under sub-section (1) may within 30 days of the date of the order prefer an appeal before the Consolidation Officer whose decision thereon shall be final.]


S.20 2[20. Recovery of amount.

       (1) Where a raiyat from whom amount is recoverable under this Act fails to pay the sum within the period prescribed therefor, the person entitled to receive it, may in addition to any other mode of recovery open to him apply to the Collector, within such time as may be prescribed, for recovery on his behalf of the amount due to him as if it were an arrear of land revenue payable to the Government.
       (2) Where any amount payable under this Act, is not paid whether in whole or in part, within three months of the date of obtaining possession under Section 17 interest at the rate of six per centum per annum shall be charged on the amount so payable.]
       2. Subs by Bihar Act 27 of 1975


S.21 No instrument necessary to effect transfer.

No instrument in writing shall be necessary in order to give effect to a transfer involved in carrying out any scheme of consolidation of holdings; and no instrument, if executed, shall require any stamp duty or registration.


S.22 Application of certain laws barred.

The provisions of any other law for the time being in force, imposing restrictions on, or providing for the payment of landlord's registration fee for the transfer of any land, shall not apply to transfers involved in carrying out any scheme of consolidation of holdings under this Act.


S.23 Loans to assist consolidation.

For carrying out any of the purposes of this Act, a loan may be granted under the Land Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists' Loans Act, 1884 (XII of 1884), to a raiyat or an under raiyat having a right of occupancy in the land held by him.


S.24 Cost of consolidation proceedings.

       The cost of consolidation proceedings shall be assessed in the prescribed manner and shall be recoverable in whole or in part as the State Government may determine from the raiyat whose holdings are effected by the scheme of consolidation:
        Provided that the amount so recovered shall not exceed four rupees per acre.


S.25 1 [25. Reduction of land revenue on account of consolidation of land for public purpose.

       (1) Where as a result of contribution for public purposes under the provisions of Section 11, the area of the original total holding of raiyat is reduced, the rent, payable for the holding shall be reduced in the same proportion as the area so contributed bears to the original total area of the holding and the reduced rent shall be shown in the draft consolidation scheme.
       1. Subs by Bihar Act 27 of 1975
       (2) A raiyat aggrieved by the reduction made under sub-section (1) may, within 15 days of the date of publication of the draft consolidation scheme under Section 12, file an objection before the 2[Assistant Director] of Consolidation whose order thereon shall be final.]
       2. Subs by Bihar Act 35 of 1982


S.26 1[26. Amount payable for land contributed by raiyats for public purposes.

       .(1)(a) Every raiyat any part of whose holding has been contributed for public purposes under this Act, shall be paid for the land so contributed, amount equal to four times the annual rent reduced under Section 25.
       1. Subs by Bihar Act 27 of 1975
       (b) In case of trees, bamboo-clumps, wells and other improvements falling within the land so contributed the amount payable shall be determined in accordance with the provisions of Section 14.
       (2) The amount payable to a raiyat shall, after adjustment of the cost of operation under this Act, if any, be paid to him in cash.
       (3) Where any land, in respect of which any amount is paid under sub-section (1) is in the occupation of an under-raiyat, there shall be paid to the under-raiyat out of the amount payab

S.26(a) Close of the consolidation operations.

       .-(1) As soon as may be, after fresh maps and records have been prepared and certificates of transfer have been issued to the raiyats under the scheme, the State Government shall issue notification in the Official Gazette stating that the consolidation operations have been closed in the unit:
       Provided that the issue of notification under this section shall not affect the powers of the State Government to fix, distribute and recover the cost of operation under this Act.
       (2) Notwithstanding anything contained in sub-section (1), any order passed by a court of competent jurisdiction in cases or writ filed under the provisions of the Constitution of India, or in cases or proceedings pending under this Act on the date of issue of the notification under sub-section (1), shall be given effect to by such authorities as may be prescribed and the

S.27 .

       1[x x x]
1. Omitted by Act 27 of 1975


S.28 State Government or local authority not to acquire land so as to leave fragment.

When a scheme of consolidation has been confirmed under Section 13, no land in any notified area shall be acquired by the State Government or any local authority so as to leave a fragment.


S.29 Special provisions for voluntary consolidation.

       2[Two or more raiyats having lands in an area which is not a notified area may, with the permission of the Collector of the district, consolidate their holdings voluntarily and the provisions of Sections 21 and 22 shall apply to any transfer involved in such consolidation.]
       2. Subs by ibid


S.29(a) 1[29 A. Recognition of consolidation scheme prepared by tenants.

       (1) The Consolidation Officer may recognise a consolidation scheme in respect of a village, within a consolidation area prepared voluntarily by the tenants of the village, where he is satisfied that it conforms to the broad principles of consolidation under this Act and has the support of all the tenants concerned and is otherwise fair to all concerned.
       1. Ins by Bihar Act 27 of 1975
       (2) The consolidation scheme recognised under sub-section (1) shall be deemed to have been prepared and confirmed under the provisions of this Act, and shall be enforced thereunder.]


S.30 .

       3[Omitted]
       3. Omitted by ibid


Legal Comments

Note: The above bullet points are synthesized from the provided source set. Where a point lacks explicit support in the given sources, it has been omitted or framed narrowly to reflect the cited material. References correspond to the listed source IDs in square brackets.

S.31 4[31. Transfer of fragments.

       .-(1) Notwithstanding the provisions of any law for the time being in force, no person shall transfer whether by sale gift or exchange any part of a plot which part is a fragment situate in a consolidated area except to a raiyat who has a plot continuous to the land sought to be transferred:
       4. Subs by ibid
       Provided that if the transfer is of the entire plot which is a fragment it may be in favour of any raiyat:
       Provided further that there will be no bar to mortgage or transfer to a society or bank registered or deemed to be registered under the *Bihar and Orissa Co-operative Societies Act, 1935 (B. & O. Act VI of 1935) or the State Bank of India or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (Act 5 of 1970) or

S.32 Transfer of lands prohibited.

The transfer of any land or fragment contrary to the provisions of this Act shall be void; and the owner of any land, so transferred shall be liable to pay such fine, not exceeding two hundred and fifty rupees, as the Collector of the district may, subject to the general orders of the State Government direct


S.33 Power of officers to enter upon land for survey and demarcation

The Director of Consolidation. or the Consolidation Officer or any person acting under his orders may, at any time, enter upon any land, other than a dwelling house, with such officers or other persons as he considers necessary and make a survey or take measurements thereof or do any other act which he considers to be necessary for carrying out any of his duties under this Act.


S.33(a) 1[33A. Correction of clerical or arithmetical errors.

       Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Assistant Director of Consolidation is satisfied that a clerical or arithmetical error apparent of the face on the record exists in any document prepared under any provision of this Act, he shall either on his own motion or on the application of any person interested, correct the same.]
       1. Ins by Bihar Act 27 of 1975


S.34 Delegation of powers.

       (1) The State Government may, by notification in the official Gazette, delegate any of its powers or functions under this Act to any officer not below the rank of a Collector.
       (2) The Director of Consolidation may, with the sanction of the State Government, delegate any of his powers or functions under this Act to any officer not below the rank of a Deputy Collector.
       2[(3) Where powers are to be exercised or duties are to be performed by any authority under this Act or the rules made thereunder, such powers or duties may also be exercised or performed any an authority superior to it.
       2. Ins by ibid


S.35 1[35. Revision and reference.

       The Director of Consolidation may on his own motion or on the application of any party or on reference being made by any subordinate authority, call for and examine the record of any case decided or proceedings taken by such authority for the purpose of satisfying himself as to the regularity of the proceeding; or as to the correctness, legality or propriety of any order passed by such authority in the cases or proceedings, and may after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.]
       1. Subs by Bihar Act 27 of 1975


S.36 Appeal and revision.

Except as provided in this Act, no appeal or revision shall lie from any order passed under this Act.


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S.37 1[37. Bar of jurisdiction of Civil Courts.

       No Civil Court shall entertain any suit or application to vary or set aside any decision or order given or passed under this Act with respect to any other matter for which a proceeding could or ought to have been taken under this Act.] .
       1. Subs by Bihar Act 27 of 1975


Legal Comments

Note: The above summarises key themes and cross-references specific to Section 37 (and related provisions 3, 4, 4C, 5, 10A, 26A, 37A/37B) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, as reflected in the provided sources. Where sources do not provide explicit detail for a point, it has been omitted.

S.37(a) 1[37 A. Authorities under the Act to be deemed courts of competent jurisdiction.

       Notwithstanding anything to the contrary contained in any other law for the time being in force, the Director of Consolidation, the Deputy Director of Consolidation, the Assistant Director of Consolidation, the Consolidation Officer and the Assistant Consolidation Officer shall be deemed to be courts of competent jurisdiction while hearing objections or appeals or deciding disputes under this Act.]
       1 Subs by Bihar Act 27 of 1975


Legal Comments

Source notes:- Bihar Consolidation of Holdings & Prevention of Fragmentation Act, 1956 – primary principles and Section 37 framework, abatement and deemed-courts implications are discussed across multiple decisions cited above, including AIR 1968 SC 714; AIR 1980 SC 2051; AIR 2013 SC 1010; 2000(2) PLJR 338, etc.- Select case references in square brackets indicate the cited authorities and para numbers from the provided sources.

S.37(b) 1[378. Authorities under this Act to have powers and privileges as are vested in a Civil Court in certain matters.

       .-(1) The Directors of Consolidation, the Deputy Director of Consolidation, the Assistant Director of Consolidation, the Consolidation Officer and the Assistant Consolidation Officer shall have all such powers, rights and privileges while hearing any matter in dispute as are vested in a Civil Court in respect of the following matters, namely:
       1 Subs by Bihar Act 27 of 1975
       (a) the enforcing of the attendance of witnesses and examining them on oath, affirmation or otherwise and issuing a commission to examine witnesses;
       (b) compelling any person for the production of any document;
       (c) punishing the persons guilty of contempt.
       (2) A summon signed by such officer may be substituted for and shall be equivalen

S.38 Protection of action taken under this Act.

       (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
       (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder,


S.39 Provisions of this Act to prevail over other Acts.

The provisions of this Act shall have effect, notwithstanding anything to the contrary contained in any other law for the time being in force.


S.40 Power to make rules.

       .-(1) The State Government may, after previous publication, make rules, not inconsistent with this Act for carrying out the purposes of this Act.
       (2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules providing for all or any of the following matters:
       (a) the manner of publication of notices;
       (b) the manner of giving notices to persons affected or interested;
       (c) the manner in which the Consolidation Officer shall consult the Village Advisory committee;
       (d) the manner in which a person may be evicted from any land;
       (e) the manner in which compensation recoverable from any person shall be deposited b

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